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HomeMy WebLinkAbout01/27/1972 MINUTES January 27, 1972 The one hundred and forty-fourth regular meeting of the Wheat Ridge City Council was called to order at 7 30 p.m at 7390 West 38 Avenue by Mayor pro tem Ray Pepe. Other Aldermen present were Robert Howard, Calvin Hulsey. were absent. Dr. Paul Abramson, Joseph Donaldson, Alderman Jack Bramble and Mayor Anderson Also attending were City Clerk LOUise Turner, City Attorney Maurice Fox, applicants and representatives for zoning cases, staff personnel and interested citizens. Citizen Comments were made by Dr. David T. Snow of 11568 West 39 Avenue who stated he had read in the Sentinel that a meeting had been held and asked that Council give a report regarding action during the moratorium on Flood Plain Requests. Paul Walker, Director of Planning stated that he and others had met with James Quinn, Former Director of Urban Drainage and that based on that meeting he was to prepare an amendment to the Flood Plain Ordinance and that the request would be brought up under old business. Alderman Abramson asked that it be clarified whether or not James Quinn was a registered professional engineer. A Preliminary Hearing for an "on premises" beer license for Family Fun Center was held. Attorney Michael Villano was present. In answer to a question as to petitioning in view of the location, Mr. Fox stated it would be proper to petition in Denver and Mountain View. Motion by Alderman Howard "I move that a Public Hearing for a 3.2% beer license on premises for the Family Fun Center at 5250 West 38 Avenue be on Thursday, March 16, 1972 at 7 30 p.m. and that the tentative boundaries be set at one mile radius from the location." Motion was seconded by Alderman Hulsey and passed 5-0. Motion by Alderman Donaldson "I move that Glen M. Taylor be appointed Director of Public Works, City of Wheat Ridge, with pay as provided in the 1972 pay ordinance. I further move that Mr. Taylor be appointed City Supervisor of Streets as required by Colorado Statutes 139-4-1 at no additional pay, it being understood that appropriate duties will be delegated to the authorized street superintendent." Motion was seconded by Alderman Howard and passed 4-1 with Alderman Hulsey voting "nay" and Alderman Bramble absent. Mr. Taylor was introduced. WZ-71-32 Rezoning Case came up for Public Hearing. Applicant was Karelin Investments. Request was for a change from Residential-Two to Residential- Three A for eight four-unit structures on 2.76 acres. Frank Callahan speaking for Karelin Investments requested a continuance for 60 days He stated the proposed development is on the south boundary on 1-70, that there is some question ffi to whether Fruitdale School can handle the influx, that opposition had been present at the Planning Commission and that after 60 days they would know the feeling of the public and perhaps request a different zoning. The opposition present for the Council Meeting was asked if it objected to the continuance. Mr. Gerald Birney, after receiving assurance from Mr. Fox and Mr. Callahan that petitions which would by then be older than 90 days would still be acceptable said there was no objection to the continuance. Motion by Alderman Abramson "I move that Case WZ-71-32 be tabled until April 13 1972." Motion was seconded by Alderman Howard and passed 5-0. It was stated that the property is to be reposted and that the applicant would be required to pay for republication. /'77/ )-_ -2- WZ-71-34 Rezoninq Case was heard. Applicant Glen Blevins (Wesco Company) requested a change from Agricultural-One to proposed Commercial-One on 2 69 acres or 117,180 square feet for a Union Oil Truck Stop and servicing center. The Planning Department said the following factors needed to be con- sidered 1. The land use plan shows commercial for this parcel. 2 In regard to surrounding area, this parcel would likely lend itself to commercial development. 3. Parcel does not lie within flood plain. 4. No additional right-of-way is required. 5. Planning Department would recommend approval The Planning Commission recommended that the zoning be changed Fred Madson Jr., attorney, represented the applicant and stated 1. That the area proposed for rezoning is surrounded by commercial property. 2. That it is under contract to Union Oil Company. 3. That the Planning Commission voted that the zoning should be changed. 4. That Union Oil would spend 1Y2 to 1 3/4 million dollars on the project and that 125 to 175 people would be employed. 5 That access would be from 44 Avenue for trucks which would come from 1-70.. 6. That the maximum number of trucks per day would be difficult to say but that there would be no more than 90 semis at anyone time. 7. There would be 90 spaces. 8 That day time stops would be an average of one hour and night stops an average of 6 hours. 9. That some but not all units would remain engines running while stopped. 10. would be 11 . are now 12. 13. logical That additional land would be used and that actually the project built on the other land even if this were not approved. Several pieces of pr~rty would be taken in, but all others Commercial-One except a small piece of Restricted-Commercial This is a small landlocked piece with no other use. There is adequate access and streets are sufficient and it is to tie this piece into a larger plan. Others present in favor of the zoning change were Mr. Blevins, the applicant. Mr Max Crum of Ambassador Motels who said Council had rezoned his property from Agricultural to Commercial when Ambassador Realty Company had formed "Ambassador 70" and had proposed an Ambassador Motel, and that the property is under option to Union Oil. Mr Leedy who handles land acquisition for Union Oil Co. who said in some areas such as Phoenix, trucking amounted to 40% of the business and tourists 60% He said there is water and sewer in 44 Avenue and in answer to a question from Alderman Howard as to whether the facilities were adequate for a 24 hour operation, that Union Oil had determined that they were adequate Robert Barr of the Planning Department said there is a 10 inch sewer line of Fruitdale Sanitation that can be traced to Kipling and that Valley Water C9-l)1pa~,)IJyrnished water. r'/ Frank Callahan speaking for the Chamber of Commerce said this use would be an asset to the business community, that the state will widen 44 Avenue to make it adequate for the trucks, that Union Oil will pay 25 to 35 thousand dollars in taxes to the County, and there will be sales tax benefits to the City. Citizens speaking were Barbara Klein of 10580 West 47 Avenue who asked about underground tanks and number of deliveries per week. / / ), // l -3- Gerald Birney of 10606 West 46 Avenue who said the citizens if they had a chance would object but the land that is needed is already zoned. He said the City must be careful what it rezones and for what Motion by Alderman Howard "I move that Case WZ-71-34 be tabled for one week for decision at 7 30 p.m. on February 3, 1972." Motion was seconded by Alderman Hulsey and passed 4-1 with Alderman Abramson voting "nay." Barton Subdivision at 45 Avenue and Miller was presented by Robert Barr who stated 1. It had been approved by the Planning Commission, but not yet signed by the chairman 2. Property owners had been notified 3. Letters of approval had been received from the Post Office and Public Works. 4 R-1 School District anticipated 20 students from it. 5. Marlin Subdivision is platted to the west. 6. One foot tract has been retained by the City at the end of the cuI de sac on West 44 Place. 7 Zoning is Residential-Two and there will be one single on a small lot and the rest doubles. Motion by Alderman Hulsey of Barton Subdivision at 45 by Alderman Pepe and passed "I move that Council Avenue and Miller." 5-0. approve the final plat Motion was seconded A policy for the procedure of naming parks and recreational facilities was presented by Boyd Kraemer, Park Superintendent and discussed. Motion by Alderman Pepe policy which was proposed presented this evening." passed 5-0 "I move that Council confirm and accept the by the Parks and Recreation Commission and Motion was seconded by Alderman Hulsey and Alderman Howard asked that reconsideration be given to the five year limit on naming a park after a deceased person A copy of the policy of procedure is in the General File under "Parks _ Naming Of." Prior to the presentation of a Finding of Fact on the Bauer Townhouses under Old Business, Dr David Snow brought up a point of order stating 1 That the hearing was to have been reopened 60 days from December 16, 1971. 2. That the moratorium was to have extended into March. 3. That the machinery which Council had stated would be put into effect, had not been, or at least no evidence had been shown that it had been and consequently it was out of order for the Finding of Fact to be heard Paul Walker, Planning Director reported that he had contacted five engineers before Christmas, that he had set up a meeting with James Quinn, formerly of Urban Drainage, that Mr. Quinn had explained that the Flood Plain Ordinance had not been intended to be punitive, that Aldermen Hulsey Donaldson and Abramson as well as James Quinn, Attorney Fox, Mr Walker, Robert Barr of the Planning Department and Jack Prose, Building Inspector, had attended the meeting and that it had been decided that the Planning Director would be the Flood Plain Administrator, that is he would be the one to whom cases would be presented and he would in turn advise the Council Alderman Hulsev said he did not recall that such a decision had been made. A report was given by Attorney Fox in which he explained the qualifications of Mr Quinn, the irrelevance of the Corps of Engineers Report after 1968, the improbability of a Flood in Lena Gulch because of its absence in known history, that nowhere was Lena Gulch to exceed its north bank by more than 2' 1" in elevation and that flooding in the neighborhood of the Red Barn was the result of damming and not flooding. -1 / / .l-- -4- He said the Ordinance was "to give those who were about to construct knowledge that there was potential danger and that one who builds must give this information to someone who buys from him, that this was not a means to oppose but a means only of protecting life and property values " Mr Fox added that the law was not to be punitive, that people were trying to use it to oppose zoning, that it was to warn builders but not to stop them and that the Planning Department was well qualified to hear requests and decide and that he felt this would be proper procedure, and that just as building permits are issued by the Building Department, Flood Plain permits should be issued by the Planning Department, and that the risks in one were no greater than the other Alderman Abramson stated that in addition to the requirement that buildings must be built in some proper manner, that Mr. Quinn - after repeated asking - had indeed said that the Ordinance did give a builder a responsibility to others living in the Flood Plain Dr David Snow in answer to questions from Mr. Fox, stated that trenching to increase the channel of Lena Gulch might afford local relief, but would transfer the problem downstream to someone else, and in regard to the outdating of the Engineers Report, that every additional roof and street made the situation worse than the Corps of Engineers predicted. He stated that such an important matter as Flood Plain Safety should not be conducted behind closed doors, that the public in entitled to hear. He said that if protecting those who develop and those who are about to build without knowing is the only consideration, the Planning Director can handle it, but "if you agree as Mr. Quinn did when put to the wall, that there should be protection for those who already have an investment in the Flood Plain or who are close enough that altering the channel might flood them, then you must agree that we don't have competence within the city structure If this last item is not to be considered, every request will be approved " He said that the real estate and industrial potential of the total plain is enormous and that if Council hasn't seen this fact, it must realize that others do see it Motion by Alderman Abramson "I move that the Bauer Townhouse request be mOV!l:l up to February 3, 1972 " Mr Fox clarified that testimony, not already given, might be heard. Motion was seconded by Alderman Pepe and passed 4-1 with Alderman Pepe voting "nay." Meeting was adjourned at 10 50 p.m. J--- -_/ :-j~.' / ./ 7t- ' ,/l'" --~ ;..-'-/" -/ -4""rC- C. -2-- ;-.t::.. <~ ,,( Louise F. Turner City Clerk 'l ,\ T ,'//~/ ,J. ~ --7'...,L xxxxxxxx City Council Minutes zzzzzzzzz MINUTES January 20, 1972 The one hundred and forty-third regular meeting of the Wheat Ridge City Council was called to order by Mayor pro tem Ray C. Pepe at 7 30 p.m. at 7390 West 38 Avenue Other Aldermen attending were Jack Bramble, Joseph Donaldson, Robert Howard and Calvin Hulsey. Alderman Paul Abramson arrived later Also attending were Deputy City Clerk Elise McMillen, City Attorney Maurice Fox, City Treasurer James Malone, staff personnel and inter- ested citizens. Storm Drainage Project - Phase II was brought up for award of the contract. Mn McCall of McCall-Ellingson Engineering Firm was present. Alderman Pepe stated that the County Commissioners had been contacted in reference to partial payment of the project and they had other commitments and did not offer to pay at this time. Mr. Karl Streuffert, Lutheran Hospital Admirtstrator, stated that the Board of Directors had contacted the County Commissioners and they had replied that they had not acted on the matter either way. He stated there was urgency in granting the completion of the drainage project for the follOWing reasons 1. There will be increased drainage needs when the parking lot is enlarged and 2. The Hilberten Grant of $400,000.00 which the hospital received is contingent upon adequate drainage being provided for the addition. Alderman Hulsey stated that the City would save money by completing the project this year with the present bid. Alderman Abramson stated that completion would be in the best interest of the citizens and the City. Resolution No. 160 pertaining to the transfer of funds from street construction and rehabilitation account to the storm sewer account was introduced by Alderman Bramble and read. Motion by Alderman Bramble "I move that Resolution No. 160 be adopted" Motion was seconded by Alderman Hulsey and passed 6-0. Motion by Alderman Bramble "I move that the bid of Tower Construction Company, opened December 23, 1971 by the City of Wheat Ridge, to construct Stage II of a Storm Sewer, be accepted for Schedules A-1, A-2 and M in the amount of $218,086.95 as bid, and that the total authorized cost of the project shall not exceed $247,000.00 as presently estimated by McCall-Ellingson, Consulting Engineers, and that the necessary expenditures above and beyond the bid price as estimated be authorized for expenditure in the above amount out of Account No. 432.5, and that the contract documents for the construction of a storm sewer entitled 'Stage II Construction' as prepared by McCall-Ellingson, Consulting Engineers, be approved by City Council, and that the Mayor be authorized to execute all necessary contract documents as set out in said proposal." Motion was seconded by Alderman Abramson and passed 6-0. Budqet and Appropriations Report was presented by Treasurer James Malone. The report was for the year 1971 The percentage of estimated revenue received was 104.7 and the percentage of the estimated expenditure was 96.4. The report will be posted in the City Office and will be filed in the General File. Robert Barr of the Planning Department presented an Ordinance to delete certain phrases dealing with easements in Ordinance No. 86 - Street Vacation. -2- Ordinance No. 104 was introduced by Alderman Hulsey and read Motion by Alderman Howard "I move that Ordinance No. 104 (amending Ordinance No 86) and introduced by Alderman Hulsey be passed on first reading and be published and posted" Motion was seconded by Alderman Hulsey and passed 6-0. Ordinance No. 105 was presented by Mr Walter Johnson, Director of Administrative Services, which stated the pay of the City Judge and City Engineer and also inserted the position of a Recreation Supervisor and pay. Ordinance No. 105 was introduced by Alderman Hulsey and read. Motion by Alderman Hulsey "I move that Sections 1,2,3,4 and 5 of Ordinance No. 105 be amended by changing the word 'salary' to the word 'fee.'" Motion was seconded by Alderman Bramble and passed 6-0. Motion by Alderman Howard "I move that Section 7. in Ordinance No. 105 be amended by deleting the phrase 'however, said salaries shall be paid from the time of appointment to their respective positions' after the words 'final passage.'" Motion was seconded by Alderman Hulsey and passed 6-0 Motion by Alderman Howard "I move that Ordinance No. 105, introduced by Alderman Hulsey be passed as amended, on first reading and be published and posted" Motion was seconded by Alderman Abramson and passed 6-0. Ordinance No. 102 was brought up for second reading. Mr. Walter Johnson stated that a decision of the Personnel Committee had been passed 3-2 that sick leave be converted to pay after accumulation of 90 days at the rate of two days for each three days of unused sick leave. He stated a survey had been made of other city's policies and some sort of compensation was general practice. He stated the City personnel records showed that the average employee used 7Y2 days per year, that 11 employees had used no sick leave, and that there had been some cases of abuse of sick leave and that this would be an incentive to prevent abuse. The title of Ordinance No. 102 was read Motion by Alderman Abramson "I move that the Clerk dispense with the reading of the balance of the Ordinance." Motion was seconded by Alderman Howard and passed 6-0. Motion by Alderman Bramble "I move that the following changes in Section 5-1, Ordinance 46, be adopted by addition of revised wording to Section 6, Ordinance 102, The first sentence third paragraph of Section 5-1, Ordinance 46, shall be deleted as follows 'The Court must also be closed on Lincoln's Birthday, February 12, Washington's Birthday, February 22, Columbus Day, October 12, and Election Days.' In place of the above deleted sentence the following sentence shall be added 'The Court shall also be closed on General Election Days, Lincoln's Birthday (February 12), Columbus Day (2nd Monday of October), and Colorado Day (1st Monday of August). '" Motion was seconded by Alderman Hulsey and passed 6-0. Motion by Alderman Howard "I move that Section 5-3, Ordinance 46, be amended by Ordinance 102 as passed on first reading by striking out Section 8, Sick Leave, Ordinance 102, in total and deleting the last two sentences of Ordinance 46, Section 5-3, Sick Leave, as follows 'No payment will be made for unused sick leave'. In place of the above deleted sentence the following sentences shall be added as Section 8, Ordinance 102 Section 8 Sick Leave. 'Accumulations over 60 days will be paid at the rate of one full day (8 hours) for each two days (16 hours) of unused sick leave. No conversion will be made for unused sick leave under 60 days (480 hours). For purposes of this section one day is 8 hours and leave records will be maintained as hours. Special employees will be allowed a pro-rata share of the leave granted 1 -3- regular employees, based on their average workday.'" Motion was seconded by Alderman Bramble and passed 6-0. Motion by Alderman Abramson "I move that Section 17, Ordinance 102, be changes as follows The following sentence shall be deleted 'This Ordinance shall become effective thirty (30) days after publication following final reading.' In place of the above deleted sentence the following sentence shall be added 'This Ordinance shall take effect and be in force five (5) days after publication follOWing final passage providing that it shall have been passed by an affirmative vote of three-fourth (3/4) members of the City Council, otherwise, said Ordinance shall take effect thirty (30) days after publication following final passage '" Motion was seconded by Alderman Bramble and passed 6-0. Motion by Alderman Bramble "I move that Ordinance No. 102 (Amending Ordinance No. 46) be adopted as amended on second reading and be posted and published." Motion was seconded by Alderman Howard and passed 6-0. Meeting was adjourned at 9 40 p.m. < -'" , , '-' ~/ / /'y/ / / Helen E118~McMillen Deputy C~ty Clerk "- ..- / I -y:/ / /